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‘Good lawyering’ echoes through memorable career

August 12, 2015
Marilyn Odendahl
In recognition of his dedication to the practice of law, colleagues on the bench and bar have selected attorney Donald Ward as the 2015 Indiana Bar Foundation Legendary Lawyer.
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Merger fever strikes

August 12, 2015
Marilyn Odendahl
The handful of Hoosier law firms that combined during the last two years highlight a pair of emerging trends of interest to those who watch law firm merger and acquisition activity.
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Job market somewhat improved for law school grads

August 12, 2015
Marilyn Odendahl
The National Association for Law Placement’s new analysis of the job market heralded the first rise in the employment rate in eight years for new law school graduates. However, the uptick comes with two caveats.
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Long wait for cold beer decision not unusual

August 12, 2015
Marilyn Odendahl
The 7th Circuit heard oral arguments Jan. 7, 2015, in the lawsuit challenging the state’s prohibition against convenience stores selling beer cold.
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Insurer off hook in Indy strip club shooting

August 12, 2015
Dave Stafford
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
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Concerns with supervised release conditions

August 12, 2015
James Bell, K. Michael Gaerte
The 7th Circuit has issued a series of additional opinions, shedding more light on the goals, scope and limitations of conditional release.
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Start Page: Scanning solutions

August 12, 2015
Seth Wilson
Mobile device scanning doesn’t take long to learn and helps when you wish you had a copy machine nearby.
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DTCI: Use of multidistrict litigation continues to rise

August 12, 2015
Christopher Lee
The Judicial Panel on Multidistrict Litigation is charged with creating new MDLs by consolidating related cases pending in federal courts, transferring new cases to existing MDLs, and remanding old cases to their transferor courts once the transferee courts have completed their work.
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Lawyer do's and don'ts on social media

August 12, 2015
Dave Stafford
Lawyers who are LinkedIn and friendly with Facebook face heightened scrutiny of their social media content.
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Paralegal registry seen as benefit for legal community

August 12, 2015
Marilyn Odendahl
After nearly two decades of effort, Indiana has joined a growing list of states that are offering paralegals a certification that enables them to distinguish themselves in a field that has few mandatory requirements.
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Today’s battle over streaming and videos

August 12, 2015
Craig Pinkus
Copyright protection is recognized in the Constitution, and the Act preempts all state laws creating the same or equivalent rights. But it doesn’t preempt protection for recordings made before 1972 under state statutes or common law until 2067.
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Rush to highlight e-filing in Hamilton County

August 11, 2015
IL Staff
Indiana Chief Justice Loretta Rush will meet with Hamilton County court staff, clerks, judges and attorneys Wednesday morning to congratulate them on being the first county to implement e-filing as part of a statewide measure.
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Class-action members did not show illnesses were caused by same meals

August 11, 2015
Marilyn Odendahl
Although several Alpha Kappa Alpha Sorority Inc. members who visited Indianapolis in 2013 all reported symptoms much like those caused by food poisoning, the Indiana Court of Appeals denied class certification, ruling the individuals did not specifically link their illnesses to the chicken served at lunch and dinner.
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Indiana man wins $3 million wrongful conviction settlement

August 11, 2015
Dave Stafford
A man who spent more than three years in prison after he was wrongly convicted of breaking into Frankton High School and setting it on fire will receive one of the largest wrongful conviction settlements ever in Indiana, his attorneys announced Tuesday.
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Trial court erred in denying dad custody vs. contemptuous mom

August 11, 2015
Dave Stafford
The Indiana Court of Appeals bluntly reversed denial of a father’s petition for primary custody of his children, finding their mother undermined him and deprived him of court-ordered visitation.
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Officer’s ‘Where’s the gun?’ question properly admitted in shooter’s trial

August 11, 2015
Dave Stafford
A suspect who fled the scene of a Lafayette shooting and later was found with ammunition in his shirt pocket was not prejudiced when a police officer asked, “Where’s the gun?”
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Appeal raises ire of 7th Circuit

August 10, 2015
Marilyn Odendahl
A southern Indiana couple who tried to stop the sale of their property to satisfy delinquent state and federal taxes was unsuccessful. The 7th Circuit Court of Appeals described the merits of their appeal as “feeble.&rdquo
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Eli Lilly wins first trial over antidepressant ‘brain zaps’

August 10, 2015
 Bloomberg News
Eli Lilly and Co. isn’t liable for withdrawal symptoms including so-called brain zaps experienced by a woman after she quit the antidepressant Cymbalta, a federal jury said.
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Judge cuts amount diocese must pay ex-teacher to $403,608

August 10, 2015
 Associated Press
A federal judge in Fort Wayne has reduced to $403,608 the amount a Roman Catholic diocese must pay a former northern Indiana teacher who was fired after undergoing fertilization treatment.
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Feds detail why they want Armstrong medical records

August 10, 2015
 Associated Press
The federal government says it wants Lance Armstrong’s medical records from his 1996 cancer treatments because they could prove just how far he was willing to go to conceal performance-enhancing drug use from the public and his sponsors.
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7th Circuit rejects Indiana appeal of EPA ruling

August 10, 2015
Dave Stafford
Indiana had standing to appeal EPA approval of a change in how Illinois monitors for auto emissions, but the state failed to show the Environmental Protection Agency’s decision was arbitrary and capricious, the 7th Circuit Court of Appeals ruled Friday.
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Letter to victim’s mother supports lesser misdemeanor charge

August 7, 2015
Marilyn Odendahl
A defendant’s rambling letter to a victim’s mother was not enough to uphold his convictions for attempted obstruction of justice and invasion of privacy, but it was sufficient to support a lesser charge.
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Pawnshop owner not victim of prosecutorial misconduct

August 7, 2015
Marilyn Odendahl
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
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Indiana county's courthouse tower tree gets checkup

August 7, 2015
 Associated Press
Checking on the health of a tree growing from the courthouse clock tower in southeastern Indiana's Decatur County was among the reasons crews dangled from a crane to inspect the 154-year-old building in Greensburg this week.
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Sex offender wins right to view legal adult porn

August 7, 2015
Dave Stafford
A man convicted for obscene webcam conduct shared with someone posing as a 13-year-old girl nearly a decade ago may view legal pornography, the 7th Circuit Court of Appeals ruled in a three-way opinion Thursday.
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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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